BILL NUMBER: SB 580	CHAPTERED  09/20/00

	CHAPTER   561
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	PASSED THE ASSEMBLY   AUGUST 23, 2000
	AMENDED IN ASSEMBLY   AUGUST 21, 2000
	AMENDED IN ASSEMBLY   JULY 5, 2000
	AMENDED IN SENATE   MAY 10, 1999
	AMENDED IN SENATE   APRIL 6, 1999

INTRODUCED BY   Senator Lewis

                        FEBRUARY 23, 1999

   An act to amend Sections 649.92 and 3003 of, and to add Section
3058.61 to, the Penal Code, relating to stalkers.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 580, Lewis.  Stalkers.
   Under existing law, stalking is a crime.  Existing law contains
various provisions for the notification of victims of stalkers of
release from custody.
   Existing law requires the Department of Corrections, county
sheriff, or director of the local department of corrections to give
notice to victims and other specified persons of the release of any
person who is convicted of stalking or convicted of a felony offense
involving domestic violence.
   This bill would also require notice of any change in parole status
or location, as specified.  It would require additional attempts to
locate victims whose address or telephone number is incorrect, or who
did not originally request notice.  By imposing additional duties on
local law enforcement officials, the bill would impose a
state-mandated local program.
   This bill would also require that when a person convicted of
stalking is to be released from confinement, the department notify
the sheriff, police chief, or both, and the district attorney, for
the community where the person was convicted and for the community
into which the person will be released, as specified.
   Existing law generally regulates conditions of parole, including
restrictions on where parolees may be located upon release.
   This bill would provide that an inmate released on parole for an
offense involving stalking may not be returned to a location within
35 miles of the victim's residence or place of employment if the
victim or witness has requested additional distance in the placement
of the inmate upon parole, and if the Board of Prison Terms or the
Department of Corrections finds that there is a need to protect the
life, safety, or well-being of the victim.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 646.92 of the Penal Code is amended to read:
   646.92.  (a) The Department of Corrections, county sheriff, or
director of the local department of corrections shall give notice not
less than 15 days prior to the release from the state prison or a
county jail of any person who is convicted of violating Section 646.9
or convicted of a felony offense involving domestic violence, as
defined in Section 6211 of the Family Code, or any change in the
parole status or relevant change in the parole location of the
convicted person, or if the convicted person absconds from
supervision while on parole, to any person the court identifies as a
victim of the offense, a family member of the victim, or a witness to
the offense by telephone and certified mail at his or her last known
address, upon request.  A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice.  A victim may designate another person for the
purpose of receiving notification.  The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current.  However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and
telephone number shall remain with the victim.
    Following notification by the department pursuant to Section
3058.61, in the event the victim had not originally requested
notification under this section, the  sheriff or the chief of police,
as appropriate, shall make an attempt to  advise the victim or, if
the victim is a minor, the parent or guardian of the victim, of the
victim's right to notification under this section.
   (b) All information relating to any person who receives notice
under this section shall remain confidential and shall not be made
available to the person convicted of violating this section.
   (c) For purposes of this section, "release" includes a release
from the state prison or a county jail because time has been served,
a release from the state prison or a county jail to parole or
probation supervision, or an escape from an institution or reentry
facility.
   (d) The Department of Corrections or county sheriff shall give
notice of an escape from an institution or reentry facility of any
person convicted of violating Section 646.9 or convicted of a felony
offense involving domestic violence, as defined in Section 6211 of
the Family Code, to the notice recipients described in subdivision
(a).
   (e) Substantial compliance satisfies the notification requirements
of subdivision (a).
  SEC. 2.  Section 3003 of the Penal Code is amended to read:
   3003.  (a) Except as otherwise provided in this section, an inmate
who is released on parole shall be returned to the county that was
the last legal residence of the inmate prior to his or her
incarceration.
   For purposes of this subdivision, "last legal residence" shall not
be construed to mean the county wherein the inmate committed an
offense while confined in a state prison or local jail facility or
while confined for treatment in a state hospital.
   (b) Notwithstanding subdivision (a), an inmate may be returned to
another county if that would be in the best interests of the public.
If the Board of Prison Terms setting the conditions of parole for
inmates sentenced pursuant to subdivision (b) of Section 1168, or the
Department of Corrections setting the conditions of parole for
inmates sentenced pursuant to Section 1170, decides on a return to
another county, it shall place its reasons in writing in the parolee'
s permanent record and include these reasons in the notice to the
sheriff or chief of police pursuant to Section 3058.6.  In making its
decision, the paroling authority shall consider, among others, the
following factors, giving the greatest weight to the protection of
the victim and the safety of the community:
   (1) The need to protect the life or safety of a victim, the
parolee, a witness, or any other person.
   (2) Public concern that would reduce the chance that the inmate's
parole would be successfully completed.
   (3) The verified existence of a work offer, or an educational or
vocational training program.
   (4) The existence of family in another county with whom the inmate
has maintained strong ties and whose support would increase the
chance that the inmate's parole would be successfully completed.
   (5) The lack of necessary outpatient treatment programs for
parolees receiving treatment pursuant to Section 2960.
   (c) The Department of Corrections, in determining an out-of-county
commitment, shall give priority to the safety of the community and
any witnesses and victims.
   (d) In making its decision about an inmate who participated in a
joint venture program pursuant to Article 1.5 (commencing with
Section 2717.1) of Chapter 5, the paroling authority shall give
serious consideration to releasing him or her to the county where the
joint venture program employer is located if that employer states to
the paroling authority that he or she intends to employ the inmate
upon release.
   (e) (1) The following information, if available, shall be released
by the Department of Corrections to local law enforcement agencies
regarding a paroled inmate who is released in their jurisdictions:
   (A) Last, first, and middle name.
   (B) Birth date.
   (C) Sex, race, height, weight, and hair and eye color.
   (D) Date of parole and discharge.
   (E) Registration status, if the inmate is required to register as
a result of a controlled substance, sex, or arson offense.
   (F) California Criminal Information Number, FBI number, social
security number, and driver's license number.
   (G) County of commitment.
   (H) A description of scars, marks, and tattoos on the inmate.
   (I) Offense or offenses for which the inmate was convicted that
resulted in parole in this instance.
   (J) Address, including all of the following information:
   (i) Street name and number.  Post office box numbers are not
acceptable for purposes of this subparagraph.
   (ii) City and ZIP Code.
   (iii) Date that the address provided pursuant to this subparagraph
was proposed to be effective.
   (K) Contact officer and unit, including all of the following
information:
   (i) Name and telephone number of each contact officer.
   (ii) Contact unit type of each contact officer such as units
responsible for parole, registration, or county probation.
   (L) A digitized image of the photograph and at least a single
digit fingerprint of the parolee.
   (M) A geographic coordinate for the parolee's residence location
for use with a Geographical Information System (GIS) or comparable
computer program.
   (2) The information required by this subdivision shall come from
the statewide parolee data base.  The information obtained from each
source shall be based on the same timeframe.
   (3) All of the information required by this subdivision shall be
provided utilizing a computer-to-computer transfer in a format usable
by a desktop computer system.  The transfer of this information
shall be continually available to local law enforcement agencies upon
request.
   (4) The unauthorized release or receipt of the information
described in this subdivision is a violation of Section 11143.
   (f) Notwithstanding any other provision of law, an inmate who is
released on parole shall not be returned to a location within 35
miles of the actual residence of a victim of, or a witness to, a
violent felony as defined in paragraphs (1) to (7), inclusive, of
subdivision (c) of Section 667.5 or a felony in which the defendant
inflicts great bodily injury on any person other than an accomplice
that has been charged and proved as provided for in Section 12022.53,
12022.7, or 12022.9, if the victim or witness has requested
additional distance in the placement of the inmate on parole, and if
the Board of Prison Terms or the Department of Corrections finds that
there is a need to protect the life, safety, or well-being of a
victim or witness.
   (g) Notwithstanding any other law, an inmate who is released on
parole for any violation of Section 288 or 288.5 shall not be placed
or reside, for the duration of his or her period of parole, within
one-quarter mile of any  school including any or all of grades
kindergarten to 6, inclusive.
   (h) Notwithstanding any other law, an inmate who is released on
parole for an offense involving stalking shall not be returned to a
location within 35 miles of the victim's actual residence or place of
employment if the victim or witness has requested additional
distance in the placement of the inmate on parole, and if the Board
of Prison Terms or the Department of Corrections finds that there is
a need to protect the life, safety, or well-being of the victim.
   (i) The authority shall give consideration to the equitable
distribution of parolees and the proportion of out-of-county
commitments from a county compared to the number of commitments from
that county when making parole decisions.
   (j) An inmate may be paroled to another state pursuant to any
other law.
   (k) (1) Except as provided in paragraph (2), the Department of
Corrections shall be the agency primarily responsible for, and shall
have control over, the program, resources, and staff implementing the
Law Enforcement Automated Data System (LEADS) in conformance with
subdivision (e).
   (2) Notwithstanding paragraph (1), the Department of Justice shall
be the agency primarily responsible for the proper release of
information under LEADS that relates to fingerprint cards.
  SEC. 3.  Section 3058.61 is added to the Penal Code, to read:
   3058.61.  Whenever any person confined to state prison is serving
a term for a conviction of Section 646.9, the Department of
Corrections shall notify by mail, at least 45 days prior to the
person's scheduled release date, the sheriff or chief of police, or
both, and the district attorney who has jurisdiction over the
community in which the person was convicted, and the sheriff, chief
of police, or both, and the district attorney having jurisdiction
over the community in which the person is scheduled to be released on
parole, or released following a period of confinement pursuant to a
parole revocation without a new commitment.  The notification shall
indicate whether the victim has requested notification from the
department pursuant to Section 646.92.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
